TO: Ride Whistler Adventures, LTD, herein referred to as “the Operator”, her majesty the Queen in right of the province of British Columbia, Clubs, associations, companies, persons and tour operators, who provide or make available facilities, premises, accommodation or services for the operators, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, subcontractors, representatives, successors and assigns (hereinafter collectively the RELEASEES) DEFINITIONS In this agreement, the term "adventure activities" shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by THE OPERATOR and shall include, but is not limited to: use or operation of all snowmobiles, travel either within or beyond the designated boundaries, travel in the backcountry and on logging roads and trails, travel in mountainous terrain including avalanche terrain, tours; demonstrations and events; travel to and from the trail head or marshaling areas; orientation and instructional courses, seminars and sessions; recreational activities undertaken during the snowmobile tour; and other such activities, accommodation, events and services in any way connected with or related to THE OPERATOR. ACKNOWLEDGMENT – SAFETY I acknowledge that I am required to wear an approved helmet while participating in certain Adventure Activities. I am aware that there are technicians, guides or instructors available to answer any questions that I may have as to the proper use of the equipment. I am aware that the physical exertion required of adventure activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with adventure activities. ASSUMPTION OF RISKS I am aware that adventure activities involve risks, dangers and hazards including, but not limited to: changing weather conditions; mechanical failure of the equipment; difficulty or inability to control one’s speed, direction, stopping distances and turning radius; variation or steepness in terrain; loss of balance; rolling or flipping the vehicles; variation or changes in the riding surface including holes, depressions, loose gravel, exposed rock, snow, ice, earth, mud pits and other natural objects; streams, creeks, lakes, rivers and glaciers; collision with lift towers, fences, snowgrooming or snowmaking equipment, snowmobiles, snowcats, or other vehicles, equipment, structures or objects used in connection with skiing; collision with exposed rock, snow, ice, earth, trees, tree wells, tree stumps, forest deadfall or other natural or man-made objects; rockslides; avalanches; encounters with wildlife, including bears and cougars; travel on highways and back-country roads; collision with persons or vehicles; nightfall; becoming lost or separated from the guides, instructors or other participants; failing to act safely or within one’s own ability or stay within designated areas; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES. The terrain used for adventure activities may be uncontrolled, unmarked and not inspected. Communication in the remote terrain which is sometimes used for adventure activities is difficult and in the event of an accident, rescue and medical treatment may not be readily available. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE RESPONSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in adventure activities and permitting my use of their property, trails, terrain parks, equipment and other facilities (the “facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: - TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my use of the facilities or my participation in adventure activities. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE;
-
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage of, or personal injury to, any third party resulting from my use of the facilities or my participation in adventure activities;
-
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives in the event of my death or incapacity;
-
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be given by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
-
- Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of adventure activities, other than what is set forth in this Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Signed this day of May 8, 2025. THIS AGREEMENT MUST BE COMPLETED IN FULL, INITIALED, DATED, SIGNED, AND PROPERLY WITNESSED PRIOR TO PARTICIPATION Dated: May 8, 2025 |